Matter of Frey v Mims
2012 NY Slip Op 08921 [101 AD3d 1647]
December 21, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 6, 2013


In the Matter of Dawn Frey, Respondent, v Warren Mims, Appellant.

—[*1] David J. Pajak, Alden, for respondent-appellant.

The Abbatoy Law Firm, PLLC, Rochester (David M. Abbatoy, Jr., of counsel), for petitioner-respondent.

Ayoka A. Tucker, Attorney for the Child, Buffalo, for Alexus M.

Appeal from an order of the Family Court, Erie County (E. Jeannette Ogden, A.J.), dated June 29, 2011 in a proceeding pursuant to Family Court Act article 6. The order, among other things, conditionally granted petitioner's request to relocate with the subject child to Metairie, Louisiana.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Centra, Valentino, Whalen and Martoche, JJ.